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Robert
L. Tankel P.A.
1022 Main Street
, Suite D
Dunedin
,
Fl
34698
July
11, 2007
RE:
Your correspondence of
July 10, 2007
Dear
Mr. Tankel:
Apparently,
you are operating without all the facts in this matter.
Any claimed “clerical error” was supposedly found as a
result of an illegal, and I mean statutory violation of election
procedures by Mr. Rosen, Mr. Kral, and Mr. Keller.
If you are representing these individuals as
individuals, I will be happy to deal with you as intermediary.
However, since my petition for arbitration does not mention the
Association that you claim you represent, you really do not have
authority to interfere unless one of the respondents hires you
individually.
To
go over the actual facts: There
was a valid election; the votes were tallied, not once but twice by
two different people; then the votes verified by Tom Lyons (since the
President was not in attendance); and the winners were announced. The
“officially” announced vote showed that Mr. Kral lost.
There was an immediate violation of
East Linden
by-laws when the Board failed to hold its organizational meeting
immediately following the close of the election (as had been done in
previous years). That is a
violation of By-Laws Article VII.
The next violation occurred when Mr. Kral, who was no longer
Secretary, took custody of the official voting materials.
The materials should have remained in the custody of the
election committee, as specified in the East Linden Estates Election
Guidelines until such time as a new Secretary was chosen.
This also was not done.
The
next violation occurred when Mr. Rosen credited Mr. Kral with a
“found” vote, after the close of the election.
Again, this was in violation of ELE By-laws and ELE Election
Guidelines. This vote
should never have been counted, especially without the full election
committee and full Board present.
Since NO organizational meeting was held, Mr. Rosen was NOT
President and, therefore, he had NO authority to make any such
determination.
The
third and greatest violation in my opinion and in the opinion of two
different “experts” on HOA arbitration was the fact that Mr.
Rosen, Mr. Kral, and Mr. Keller opened and disturbed official election
materials without notifying any other Board members, or the election
committee. They did this
in private at the residence of Mr. Kral, who at this point was not
even a Board member. The
opening, contaminating, and possible altering of the ballots during
this “meeting” renders any supposed “clerical error” moot.
Mr. Kral should have followed the law and filed for arbitration
with the election materials still sealed and in custody of the
impartial election committee. Acting
together but without full Board or election committee approval or
oversight, this group of individuals accessed election materials, then
“found” errors and new votes, thereby rendering the validity of
the entire election in question. Previous
arbitration case law supports me in this matter.
Since
you are a HOA “expert.” you should be aware of the rulings of
Arbitrator Mnookin and F.S. 720 regarding elections which state in
part that once an election is over, ANY dispute must be filed for
arbitration with the Division by the offended party.
No arbitration was filed, but Mr Kral took it upon himself with
the help of Mr. Rosen and Mr. Keller to pollute the election materials
by accessing them and doing who knows what with the ballots.
If these individuals are indeed you personal clients, I would
advise you to consult them and discuss whether or not these violations
did indeed occur. (Remember
I have witnesses to the election and a Board member who will give
testimony to NEVER having been consulted on any of these matters.)
If
Mr. Rosen, Mr. Kral, and Mr. Keller are honest with you and tell you
how these events did indeed occur, then you ought to retract your
inflammatory statements and threats toward me.
Otherwise, you may again find yourself facing an ethics
complaint for giving misleading and false information to clients and
for unauthorized billing of my Association.
Mr. Tankel, the people mentioned above are wrong; they
committed numerous violations of Florida Statutes and Association
by-laws; and now run to you to protect them.
I remind you, my petition is not inclusive of the Association,
only certain individuals who acted outside their fiduciary duties as
Board members and I have asked the arbitrator to not include the
Association but only those individuals involved in the violations.
I
would also counsel you against using Association money and billable
hours to defend individuals and not Board members per se.
I happen to know for a fact that the ELE Board of Directors did
NOT authorize you to contact me. Mr.
Rosen alone or in conjunction with Mr. Kral (who is NOT a Board member
under the law) did so on their own without a formal vote of the Board.
Since there has been NO organizational meeting within the
30-day period specified by law, Mr. Rosen is acting as a Board member.
Mr.
Rosen is NOT President and, therefore, he has NO authority to hire
anyone.
David
B. Parker
12470 Winston Court
Spring Hill
,
Fl
34609
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